(1)Section 37(1) of the Electricity Act 1989 (c. 29) (which requires the consent of the Secretary of State to overhead lines) shall not apply in relation to any electric line which—
(a)for the purposes of or in connection with the exercise of any of the powers conferred by this Act with respect to works, or
(b)in pursuance of any of the protective provisions included in this Act,
is installed above land within the limits of deviation for the scheduled works or within the limits of land to be acquired or used.
(2)Schedule 4 (which makes alternative provision for consent in relation to lines to which subsection (1) applies) has effect.
(3)On the revocation or expiry of consent under Schedule 4, the line to which the consent relates shall cease to be a line to which subsection (1) applies.
(4)On granting consent under Schedule 4 to electricity undertakers, the appropriate Ministers may direct that planning permission shall be deemed to be granted for the carrying out of development to which the consent relates, and any ancillary development, subject to such conditions (if any) as may be specified in the direction.
(5)In subsection (4)—
(a)“electricity undertakers” means the holder of a licence under section 6 of the Electricity Act 1989 (c. 29), and
(b)the reference to the appropriate Ministers is to [F1the Secretary of State for Energy Security and Net Zero] and the Secretary of State for Transport acting jointly.
Textual Amendments
F1Words in s. 4(5)(b) substituted (3.5.2023) by The Secretaries of State for Energy Security and Net Zero, for Science, Innovation and Technology, for Business and Trade, and for Culture, Media and Sport and the Transfer of Functions (National Security and Investment Act 2021 etc) Order 2023 (S.I. 2023/424), art. 1(2), Sch. para. 16(2) (with art. 17)
Modifications etc. (not altering text)
C1S. 4(4): functions transferred (3.5.2023) by The Secretaries of State for Energy Security and Net Zero, for Science, Innovation and Technology, for Business and Trade, and for Culture, Media and Sport and the Transfer of Functions (National Security and Investment Act 2021 etc) Order 2023 (S.I. 2023/424), arts. 1(2), 7(2) (with art. 17)
C2S. 4(5)(b) transfer of functions (5.3.2009) by Secretary of State for Energy and Climate Change Order 2009 (S.I. 2009/229), arts. 1(2), 4, Sch. 1(i)